Roark v. United States of America

Filing 5

ORDER - The Court DENIES Roark's 4 Motion to Appeal. The Court affirms the Magistrate Judge's 3 Order. No later than 14 days from the entry of this Order, Roark shall either (1) pay the $5 filing fee or (2) amend his application to proceed in forma pauperis. Signed by District Judge Kristi H. Johnson on 11/22/2024 (ND)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
LANCE DOUGLAS ROARK
V.

PETITIONER
CIVIL ACTION NO. 3:24-CV-572-KHJ-MTP

UNITED STATES OF AMERICA

RESPONDENT
ORDER

Before the Court is pro se Petitioner Lance Douglas Roark’s [4] Motion to
Appeal, which the Court construes as a motion to review Magistrate Judge Michael
T. Parker’s [3] Order. The Court denies the [4] Motion.
On September 23, 2024, Roark filed a [1] Petition for Writ of Habeas Corpus
under 28 U.S.C. § 2241. The next day, the Magistrate Judge ordered Roark either to
pay the $5 filing fee or amend his application to proceed in forma pauperis by
October 24. [3] at 1. Roark seeks relief from that [3] Order.
A district judge “may reconsider any [non-dispositive] pretrial matter”
decided by a magistrate judge if “it has been shown that the magistrate judge’s
order is clearly erroneous or contrary to law.” 28 U.S.C. § 636(b)(1)(A). Roark argues
that requiring him either to pay the filing fee or apply for leave to proceed in forma

pauperis with a financial affidavit violates his First and Fifth Amendment rights.
See [4]. He cites only one case, which does not address filing fees or the in forma
pauperis affidavit requirement. See id. (citing In re Dan Farr Prods., 874 F.3d 590,
596 (9th Cir. 2017) (per curiam)).

Congress has provided that the “clerk of each district court shall require the
parties instituting any civil action . . . in such court . . . to pay a filing fee.” 28 U.S.C.
§ 1914(a) (emphasis added). “[O]n application for a writ of habeas corpus the filing
fee shall be $5.” Id. A court may waive the filing fee for a habeas petitioner who
“submits an affidavit that includes a statement of all assets such prisoner possesses
that the person is unable to pay such fees or give security therefor.” Id. § 1915(a)(1).
Roark filed his [1] Petition without a filing fee or financial affidavit. So the
Magistrate Judge was correct to order that Roark either pay the filing fee or amend
his in forma pauperis application to include a financial affidavit. Roark fails to show
that the [3] Order is clearly erroneous or contrary to law.
For the reasons stated, the Court DENIES Roark’s [4] Motion to Appeal. The
Court affirms the Magistrate Judge’s [3] Order. No later than 14 days from the
entry of this Order, Roark shall either (1) pay the $5 filing fee or (2) amend his
application to proceed in forma pauperis. Failure to timely comply with any Order
of the Court may result in the dismissal of this case. The Clerk of Court shall mail a
copy of this Order to Roark at his address of record.
SO ORDERED, this 22nd day of November, 2024.
s/ Kristi H. Johnson
UNITED STATES DISTRICT JUDGE

2